WASHINGTON – President Donald Trump’s Justice Department has shown a willingness to intervene directly in Tuesday’s midterm elections, breaking with decades of practice meant to avoid the appearance that its law enforcement powers are being used to benefit a political party or candidate.
In California, the Justice Department sought to set aside mail-in ballots from about 20,000 voters it alleges are likely non-US citizens ineligible to vote.
The department has also demanded records in a related criminal probe.
California has said it has implemented measures to prevent voting by noncitizens and argued the Justice Department does not have the authority to block votes.
In Alaska, the department has intensified a criminal investigation into whether a Senate candidate with the same name as Republican incumbent Dan Sullivan entered the race to confuse voters. It also sought to block certification if Sullivan narrowly loses, but a federal judge dismissed that lawsuit on Sunday.
Courts have now rejected the department’s lawsuits against both states, but the cases underscore the DOJ’s willingness to intervene in election disputes before votes are counted and results certified.
The department has appealed the Alaska decision.
Critics say the department could accelerate any attempt by Trump to sow doubt about the midterms, which will determine control of Congress and the winners of dozens of governors’ races.
“It appears that the administration wants the department to have an impact that was previously prohibited,” said Mark Blumberg, who previously led the DOJ’s election response to civil rights threats and has since founded the Rule of Law Project.
US Attorney General Todd Blanche says the department’s efforts are lawful and aim to protect the integrity of the vote.
“The Department isn’t helping any campaign. It’s enforcing the law,” department spokesperson Kiersten Pels said in a statement.
The US Constitution assigns responsibility for administering elections to the states, but Trump, a Republican, argues Democratic-led states are not doing enough to prevent voting by noncitizens, which is prohibited under US law.
He continues to falsely assert that widespread fraud caused his 2020 election loss. Independent studies and state audits have found voter fraud to be rare.
Outside groups aligned with Trump filed more than 60 lawsuits challenging his 2020 defeat, all of which were unsuccessful.
DOJ officials in his first term rejected pressure to enlist the department in those efforts.
“The right-wing fringe outside groups are not going to have to do that this year because the DOJ is clearly standing ready and willing to do it,” said Lis Frost, a voting rights lawyer with Elias Law Group, which frequently represents Democrats in court.
Historically, Justice Department election interventions have focused on enforcing federal laws meant to ensure racial minorities or vulnerable populations can vote without impediment.
